Q. About five years ago, because of inappropriate conduct with a colleague, my husband lost his job and his huge income. Our multi-million dollar home was sold to pay lawyers and the settlement of the case filed by that colleague.
We then moved into a small rental property. We had to move most of furniture, childhood memoirs, grand piano, antiques inherited from my grandmother, and artwork, etc. into a secure storage facility.
Five years later, after I filed for divorce, the children and I moved into the first floor of a two-story house. He moved into the 2nd floor. And, he agreed to continue to pay all bills while the divorce was pending.
Last week my cell phone stopped working. That’s when I discovered my husband stopped paying lots of bills, including my cell phone and the storage company bills. I called the storage company and was told he didn’t pay for the six months, at which point the unit was put up for auction. So our $300,000 plus of items was bought for $1,500.
Is there anything I can do?
A. You need to call the storage company, tell them your sad story, and ask for the name of the person who bought your property. If they refuse, your lawyer can subpoena their documents to a deposition.
Then call the buyer. Make clear you know they properly bought the items. You are calling to find out if they still have photographs, and any other items. Ask if they’d give you the photographs and other items that feel should be thrown away rather than try to sell it. Also ask what they want for whatever is left. Unless you ask, you’ll never know if you can make a deal.
In trying to sell things, that buyer probably put photographs of items on Craig’s List or another on-line service. If so, ask for copies of those photographs; and ask if you can take photographs of what’s left.
Also, if you specifically insured some items when you lived in your muti-million dollar home, the home owners’ insurance company would have photographs and an appraisal of each item. And, they may have other photos of the inside of the house which show furniture and furnishings.
As for proving the values, independent appraisers want to see photographs of the items you want appraised. And Massachusetts case law permits the owner to testify about the value of their property.
What is gone is the proverbial “water under the bridge.” But you can ask the judge to make an uneven division of assets, so you’d get enough to cover half the value of the sold items. And, if your husband was court-ordered to pay those bills, file a complaint for contempt asking that your husband be ordered to pay you half the value of those assets. And if he doesn’t pay, the court just might send him up the river if not now, then when the judgment is issued.